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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G.S.AHLUWALIA
Pradeep Sharma – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. criminal revision process outlined. (Para 1) |
| 2. arguments on importance of witness and trial delays. (Para 2 , 3 , 4) |
| 3. parallel enquiry invalid during investigation. (Para 5 , 6 , 7) |
| 4. order of trial court is affirmed; revision dismissed. (Para 8 , 10) |
ORDER :
G.S. AHLUWALIA, J.
1. This criminal revision under Section 397 , 401 Cr.P.C. has been filed against the order dated 07/11/2024 passed by Special Judge (MPDVPK Act) Shivpuri in S.T. No. 10/2020 by which an application filed by applicant under Section 311 of Cr.P.C. for summoning Shri Kamal Maurya, Additional S.P. Shivpuri has been rejected.
2. It is submitted by counsel for petitioner that during the course of investigation, Shri Kamal Maurya, Additional S.P. had conducted a parallel enquiry under the orders of the then S.P., Shivpuri. Since, he had found that allegations, which are being made by the witnesses are false, therefore, he had exonerated the applicant and, therefore, he is an important witness to prove the innocence of applicant.
3. It is submitted that Trial Court has rejected the application primarily on the ground that the trial is pending for the last 4 years and co-accused Veerendra and Devendra
A parallel inquiry during an ongoing investigation is impermissible, and trial court can reject witness summons if it violates the law.
Parallel enquiries during ongoing investigations are impermissible under Section 36 of the Code of Criminal Procedure, as affirmed by higher courts.
The court established that the power to summon additional accused under Section 319 of the CrPC is contingent upon the existence of prima facie evidence presented during the trial, and that the trial....
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
The power to summon under Section 319 CrPC requires clear prima facie evidence, considering witness credibility, and must comply with previous judicial directives without undue haste.
The trial court can summon additional accused under Section 319 Cr.P.C. only if there is more than a mere prima facie case supported by evidence.
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